The Court of the District and Sessions Judge in Guwahati on Monday issued a series of significant orders in the high-profile case concerning the death of Assam’s cultural icon, Zubeen Garg.
In a key development, the court allowed a petition to de-freeze the bank account of one of the accused, Shyamkanu Mahanta. The judge observed that investigators had failed to follow mandatory safeguards while freezing the account and noted non-compliance with Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The prosecution argued that the lapses were merely technical irregularities and urged the court to overlook them. However, the judge stated that lawful intervention could still be sought if appropriate legal provisions were properly presented before the court.
The court also directed the prosecution to provide the defence with a copy of a 16GB pen drive within one week.
Meanwhile, the defence’s plea seeking access to the so-called “Singapore files” was rejected. The court observed that documents relied upon by the Singapore Police do not fall within the ambit of India’s criminal procedure framework. It further noted that all materials collected in Assam had already been shared with the defence.
In another order, the judge directed that the apartment of another accused, Siddhartha Sarma, remain under attachment for two years or until further orders, citing the absence of a bank guarantee for the property. The court also instructed Sarma to submit a demand draft of Rs 16 lakh at the CID police station as a precondition for reopening the sealed flat.
According to the investigating agency, Sarma allegedly diverted Rs 16 lakh belonging to Garg and used the amount to purchase the apartment.
Special Public Prosecutor Ziaul Kamar said that remand proceedings and the charge hearing have been scheduled for March 13 following the inspection of documents. A separate hearing in the Mahabir Aqua matter has been fixed for March 19.
Reacting to the developments, Garg’s wife, Garima Saikia Garg, criticised the decision to de-freeze Mahanta’s bank account, alleging that the defence is attempting to delay the proceedings on technical grounds.
“Freeing Mahanta’s account is not good news. The defence has been trying to delay the process,” she said.
Garima also stated that she had not yet been formally informed about the proposed fast-track court arrangement.
Earlier this week, the Assam Cabinet approved the creation of a dedicated fast-track court to conduct day-to-day hearings in the case. Chief Minister Himanta Biswa Sarma had announced that the state government would formally request the Gauhati High Court to constitute an exclusive sessions court under Section 346(1) of the Bharatiya Nyaya Sanhita to expedite the trial.
The case continues to attract widespread public attention across Assam, with growing calls for a swift and transparent judicial process.